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Copyright Infringement Identification
Source : https://lawdata.com.tw/tw/detail.aspx?no=67478
Contents
1. What is a copyright infringement appraisal report?
2. What is the process of copyright infringement identification?
3. What is the process of copyright appraisal service?
4. Conclusion
1. What is a copyright infringement appraisal report?
The purpose of the copyright infringement appraisal report is to analyze and record the copyright infringement situation and relevant evidence in detail. Copyright infringement appraisal reports are usually written by legal experts or professional appraisal institutions to support claims in litigation or resolve copyright disputes. The content includes the originality of the work, the comparative analysis of the infringement allegation, the possibility of access, the legal basis, the damage assessment, etc., to provide professional opinions and evidence support for judging whether infringement is constituted.
The appraisal of copyright infringement is the core of copyright dispute cases, and experts will write an appraisal report of copyright infringement based on their professional knowledge, and the judge will consider the appraisal opinions as the basis for the judgment of the infringement case.
2. What is the process of copyright infringement identification?
If you find that someone else has infringed your copyright, you can follow the steps below:
◆ Step 1: Keep evidence of infringement
For example:
- Screenshots: Save screenshots of infringing websites to ensure that the infringing content is displayed.
- URL: Record and save the URL of the infringing website.
- Goods: If physical goods are involved, save photos or physical objects of the infringing goods.
In addition, the infringer of copyright should try to retain relevant evidence for the purpose of adducing evidence.
◆ Step 2: Submit copyright certificate
For example:
- Contracts: If there are relevant copyright contracts (e.g., contracts signed for the work of the job, etc.), provide these contracts as proof;
- Manuscript: Provide a manuscript or manuscript of an original work;
- Notarization: If the work has been notarized, provide notarized documents as proof.
◆ Step 3: Send a letter of deposit
- Notification of the facts of infringement: Describe the infringement and the facts of infringement in detail in the letter;
- Explicit requirements: require the other party to stop the infringement within a certain period of time (the time must be clearly marked) and provide a reasonable solution, etc.
◆ Step 4: Take legal action
If the other party (i.e., the tortfeasor) is unwilling to cooperate, the following measures may be considered:
- Filing a civil lawsuit: Filing a civil lawsuit with the court to demand that the other party stop the infringement and compensate for the damages.
- Pursue criminal responsibility: If the circumstances are serious, the other party can be held criminally responsible.
These steps can help you systematically address and deal with copyright infringement and protect your rights. During this process, it is advisable to seek the advice and assistance of an expert or lawyer at all times to ensure the legality and effectiveness of the various steps.
3. What is the process of copyright appraisal service?
(1) Accept the appraisal commission
First of all, we will conduct an initial consultation with the client to understand the basic situation and needs of the case. Based on the initial communication, determine the scope and objectives of the appraisal and formally accept your commission.
(2) Analyze and identify data
Collect and analyze relevant information provided by customers, including proof of original works, evidence of infringement and related documents. Our team of professionals will perform a detailed analysis of this data to ensure that it is accurate.
(3) Conduct appraisal work
Based on the results of the analysis, we carry out a detailed identification work. This includes technical comparisons, legal analyses and related professional evaluations. Appraisal is carried out by experienced professionals to ensure the authority and reliability of the results.
(4) Write an appraisal report
After the appraisal is completed, we will write the appraisal report. The content of the report includes the appraisal process, analysis results, legal basis and conclusions.
4. Conclusion
The copyright infringement appraisal report is of great value to the copyright owner in asserting his or her rights, which can not only provide a solid basis for legal proceedings, but also help the court determine the specific scope and liability of the infringement.
Each of our lawyers, agents and experts in our law firm's team has extensive experience in protecting copyrights. We, Lewis & Davis Patent Attorneys Office, can provide you with the best protection for your copyright.
If you find that your copyright has been infringed, or if you would like to know more about intellectual property protection, please contact us.